Free Response to Motion - District Court of Arizona - Arizona

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TERRY GODDARD Attorney General CATHERINE M. BOHLAND Assistant Attorney General State Bar No. 022124 1275 West Washington Phoenix, Arizona 85007-2926 Telephone: (602) 542-4951 Fax: (602) 542-7670 [email protected] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF ARIZONA ANDRE ALMOND DENNISON, Plaintiff, v. CONRAD LUNA, et al., Defendants. DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION TO ALLOW PLAINTIFF TO BE UNRESTRAINED DURING ALL COURT TRIAL PROCEEDINGS Case No: CIV 03-2373 PHX-SRB (JRI)

Defendant James, by and through undersigned counsel, responds in opposition to Plaintiff's "Motion for Plaintiff to be Unrestrained During All Court Trial Proceedings" ("Plaintiff's Motion"). Plaintiff requests that the Court allow him to conduct all proceedings in this matter unrestrained. (Plaintiff's Motion at 1.) Plaintiff contends that the image of restraints will convey images of someone who should be feared and who is dangerous. (Id.) He asserts that the restraints will prohibit him from being functional during trial, i.e. taking notes, locating exhibits in files, etc... (Id. at 2.) Plaintiff states that the restraints will unfairly prejudice the jury against him. (Id.) The Arizona Department of Corrections' ("ADC") duty to prevent escape and ensure the safety of the public and ADC staff, while Plaintiff is outside of the secure perimeter of the prison environment, outweighs Plaintiff's argument to remain

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unrestrained. Plaintiff's current classification is in close custody. "Close custody is at high risk to the public of escapes or committing violence and requires housing in a secure institution." (See Directions Instruction 232 at 801.01, 1.6.2., attached hereto as Exhibit 1.) Based on Department Order ("DO") 705, inmates are restrained

according to their custody level.1 Because Plaintiff is a close custody inmate, he requires full restraints. As such, the security concerns and the amount and type of restraints worn by Plaintiff should be determined by the ADC officers who are charged with the task of transporting and guarding him during the trial and by the Office of the United States Marshal which is responsible for the safety of persons at the courthouse.

Accordingly, Plaintiff's Motion should be denied. RESPECTFULLY SUBMITTED on this 20th day of December, 2006. TERRY GODDARD Attorney General s/Catherine M. Bohland Catherine M. Bohland Assistant Attorney General Attorneys for Defendants

DO 705 is a restricted policy. As such, Defendants will provide a copy for the Court's in camera inspection if requested.
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Original e-filed this 20th day of December, 2006, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Street, SPC 1 Phoenix, AZ 85003-2118 Copy mailed the same date to:

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 #992223 s/ A. Palumbo Secretary to: Catherine M. Bohland IDS04-0294/RSK:G04-20632 Andre Almond Dennison, #143931 ASPC - Lewis - Morey Unit P.O. Box 3300 Buckeye, AZ 85326

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